每日一词 : “合法”的多层次含义(Legal 和 Lawful )

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Difference  Between Legal and Lawful

Legal vs Lawful 

Legal, lawful, legitimate are some words that    describe things, events, and activities that are permitted by law and do    not attract punishment under the law. However, the words legal and lawful    are not synonymous as many believe as there are subtle differences between    the two. Knowing these differences can be beneficial for some people in    order to stay away from the clutches of the law. This article attempts to    throw light on some of these differences.

 

Legal

We remain confused because of the technical    jargon used by attorneys and are often misled by the facts pertaining to    law. However, the blame lies on us as we allow us to be misled. Legal is a    word that pertains to the science of law, its administration, its    understanding, and even its practice. This is why everything associated    with this profession is termed as legal and even the advice given by    attorneys to their clients is termed legal advice. When we hear the word legal,    we visualize the world of law, the courts, the lawyers, the judges, and all    the paraphernalia that together constitutes the legal system. It is thus    clear that anything that pertains to, or is based upon law is referred to    as legal.

Lawful

When an event, thing, structure, organization,    agreement etc are in accordance with the law, or are permitted and    sanctioned by the law of the land, they are said to be lawful. Anything    that conforms to or is recognized by law is automatically lawful. Anything    lawful is considered to be not forbidden by law. One can consider anything    that is valid as lawful.   

What is the difference between Legal and Lawful?

• Legal pertains to everything concerned with    law.

• While lawful relates with substance of law,    legal is more concerned with the form of law.

• If something is lawful, it is not forbidden by    law.

• Lawful places thrust on ethical content in law    and focus on the spirit of law whereas legal attaches more importance to    the form of law.

• If a will has been made without performing    legal formalities, it can be illegal, but it would be incorrect to call it    unlawful.

• A sin of commission makes you unlawful while a    sin of omission makes you illegal.

延伸:《中华人民共和国民法总则》第三条“民事主体的人身权利和财产权利以及其他合法权益受法律保护”,此处“合法权益”有机构翻译为lawful rights and interests,也有机构翻译为legal/legitimate rights and interests,哪种译法准确?欢迎讨论!

 
(文章来源:实务法律英语公众号)
发布于 2020-07-20 10:47:58
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